First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Teen goes to court over gossip discipline

By The Associated Press
04.18.04

PHOENIX — A gossip spat between two teenage girls has become a federal case, literally.

"On one level, I feel silly," said Nicholas Hentoff, the lawyer for Ashley Mosby, whose family filed suit in U.S. District Court on April 14. "To go to this extent over what amounts to girl gossip is ridiculous."

But Hentoff says Mosby's rights to free speech were violated when she was twice suspended for talking about Eleanor Powers, a popular soccer player.

The feud between the 16-year-old girls started over a boyfriend nearly four weeks ago.

Hentoff said the principal and two assistant principals at Mountain Pointe High School unfairly discipline non-athletes and are working with Power's mother to get rid of Mosby.

Mosby's parents filed suit against the Tempe Union High School District, the Mountain Pointe principal, two assistant principals and Teresa Powers, Eleanor Powers' mother.

Teresa Powers denies any wrongdoing and says her daughter is the real victim. Eleanor was threatened by Ashley so often that she had no choice but to get a restraining order against the teen, Teresa Powers said.

"I am totally disgusted. Disappointed. Amazed," she said, choking back sobs. Ashley "threatened to break my daughter's legs so bad she would never play soccer again. My daughter doesn't want to go to school. She cries every night."

But Alan and Evangeline Mosby say their daughter's reputation has been tarnished while Eleanor has remained free to taunt and demean her.

"Eleanor Powers has bragged to other students that her mother, defendant (Teresa) Powers, is going to make sure that Ashley is expelled," the Mosbys said in their lawsuit.

School and district officials declined to comment on the pending litigation.

Ashley Mosby was suspended for four days following a violation of a "nonviolence agreement," which considers verbal assaults violence.

Evangeline Mosby later met with an assistant principal, who told her that the only way to ensure her daughter avoided further suspension was to make sure Eleanor Powers was not the subject of gossip.

Hentoff said the district was trying to expel Ashley by holding her responsible for any gossip involving Eleanor with anyone at any time.

On April 13, Principal Brenda Mayberry suspended Ashley for 10 days, accusing her of "verbally harassing" Eleanor.

The Arizona Republic quoted Hentoff as calling the suspension "politically correct idiocy."

"[Mosby] is being disciplined for having private conversations," Hentoff told the newspaper. "That means 75 percent of teenage girls are in danger of being expelled from high school."


Related
News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Tuesday, February 9, 2010 | 12:32:07
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Singsā„¢
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links